Fiscal Note - SB 0205 - Establishment of Registry For Certain Sex Offenders
L.R. NO. 0895-01
BILL NO. SB 205
SUBJECT: Establishment of Registry for Certain Sex Offenders
TYPE: Original
DATE: January 27, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
General Revenue ($33,912) ($33,905) ($34,786)
Total Estimated
Net Effect on All
State Funds ($33,912) ($33,905) ($34,786)
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials of the Departments of Elementary and Secondary Education, Social
Services, Health, Office of the Attorney General, State Public Defender
assume that this proposal would have no fiscal impact to their agencies.
Officials of the Office of Prosecution Services assumed that if the
information for the proposed sex offender registry were gathered from the
Central Repository, it should have no fiscal impact to prosecutors. If,
however, prosecutors were involved in reporting such offenses other than
within their usual duties it could substantially affect their workloads.
Officials of the Department of Public Safety - Missouri State Highway
Patrol's (MHP) Information System Division (ISD) stated that this proposal
would require the creation of a new Sex Offender Registration System, a
mechanism for reporting a registry of such offenders along with criminal
history record information for each offender on the registry, dissemination
logging procedures for CHRI dissemination, and the creation of a system to
automate the massive mailing requirements. The Sex Offender Registration
System development effort is based upon estimates provided by the state's
current Year 2000 assessment, relating the effort to an application with
similar functionality (HP41/CJ75). Registry Reporting with the Criminal
History Record Dissemination and Logging development effort is based upon
estimates for batch processed provided by the state's current Year 2000
assessment. All efforts would be outsourced at current state contract
prices.
MHP's Criminal Records Division (CRD) stated that their division presently
maintains the sex offender registry and criminal records repository. This
proposal would require a new sex offender registry to be written and
maintained by the ISD along with criminal history. CRD would have to enter
all the information into the system as well as maintain the mailing list and
handle the mailing to all parties listed. Law enforcement agencies,
prosecutors, and courts would have to report the age of the victim which is
not currently done. This would cause a change in the reporting procedures
for each agency. With three thousand records to be transformed and the
associated duties with maintaining and disseminating the registry, three new
FTEs would be requested. These new FTE would be one Clerk Typist, one Data
Entry Operator, and one Quality Control Clerk. The Data Entry Operator would
be working the second shift and could therefore share a desk, chair, phone,
and computer with the Quality Control Clerk.
MHP officials assume that they would incur an estimated $10,000 annually to
distribute the Sex Offender Registry as required by this proposal.
Oversight assumed for purposes of this fiscal note that MHP is currently
required to maintain a Sex Offender Registry according to Section 566.600 to
566.625. This proposal will expand the information which must be collected,
possibly expand the list of sex offenders by extending the age of victims to
include those under age eighteen (current law specifies victims under age
thirteen) and would require MHP to mail the registry to: the superintendent
of each school district; the principal of each nonpublic school; any state
board that licenses individuals who work with children; the director of the
Department of Social Services; all child care facilities and child placement
agencies; and other entities that provide services to children and request
the registry. Oversight assumes that address listings for those individuals
specified in the proposal to receive a copy of the registry could be obtained
electronically from the agencies that regulate those entities. Oversight
assumes that since the sex offender registry basically exists, MHP would need
to hire one additional data entry clerk to enter and update information in
the system and to maintain the addresses and perform the mailing functions.
Oversight also assumes that MHP would incur the estimated $10,000 annually in
printing and postage expenses.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
GENERAL REVENUE FUND
Cost-Department of Public Safety's
Missouri State Highway Patrol (MHP)
Personal Service (1 FTE) ($13,130) ($16,150) ($16,554)
Fringe Benefits (5,457) (6,712) (6,880)
Expense and Equipment (5,325) (743) (743)
Printing and Postage (10,000) (10,300) (10,609)
Total Cost-MHP ($33,912) ($33,905) ($34,786)
ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND ($33,912) ($33,905) ($34,786)
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
0 0 0
FISCAL IMPACT - Small Business
Any small business child care facilities and placement agencies would be
responsible for maintaining the secure records on the criminal history
information.
DESCRIPTION
This proposal would require the Department of Public Safety (DPS) to create a
sex offender registry of offenders who have been convicted of sex offenses
against children under age eighteen on or after October 1, 1997. The
registry shall include the offender's name, address, physical description and
criminal history.
This proposal would require DPS to send an update of the registry on January
1 and July 1 of each year to: 1) the superintendent of each school district;
2) the principal of each nonpublic school; 3) any state board that licenses
individuals that work with children; 4) the Director of Social Services; 5)
all child care facilities and placement agencies; and 6) any other group that
provides services to children that requests the registry. Each school
district shall develop policies for the distribution of information in the
registry to principals, teachers and other staff.
This proposal would require DPS, when sending the registry, to issue a notice
stating that a person who appears on the registry and is employed by an
agency, may subject the agency to liability. Information in the registry may
only be used to protect a child at risk and in deciding whether to hire an
applicant for a position that involves contact with children. A person who
uses information obtained from the registry for any other purpose shall be
liable for actual damages suffered by a person on the registry.
This proposal would duplicate the sex offender registry as mandated in
Section 566.600, the criminal records in the central repository as mandated
by section 43.500 through 43.543, and some of the information non-criminal
justice agencies request through the criminal records repository when
screening applicants or volunteers.
This legislation is not federally mandated and would not require additional
capital improvements or rental space.
SOURCES OF INFORMATION
Department of Public Safety - Missouri State Highway Patrol
Department of Elementary and Secondary Education
Department of Social Services
Department of Health
Office of the Attorney General
State Public Defender
Office of Prosecution Services
This Fiscal Note is not an official copy and should not be quoted or cited.